Court of Appeals of New Mexico
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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
No. A-1-CA-40198
ANDRAS SZANTHO, as Personal
Representative for the Wrongful
Death Estate of MARTHA DELLINGER,
Plaintiff-Appellee,
v.
RENAISSANCE HEALTH CARE, LLC
d/b/a SPANISH TRAIL REHABILITATION
SUITES,
Defendant-Appellant.
APPEAL FROM THE DISTRICT COURT OF SANTA FE COUNTY
Kathleen A. McGarry, District Judge
Reddick Moss, PLLC
Brent L. Moss
Robert W. Francis
Brian D. Reddick
Little Rock, AR
Lee L. Coleman
Albuquerque, NM
for Appellee
Verdi & Ogletree PLLC
Faith Kalman Reyes
Santa Fe, NM
for Appellant
MEMORANDUM OPINION
MEDINA, Judge.
{1} Defendant appeals the district court’s order denying its motion to compel arbitration. We issued a notice of proposed summary disposition proposing to reverse and remand for further proceedings. Defendant filed a memorandum in support of our proposed summary disposition, which we have duly considered. Plaintiff did not file a memorandum in opposition to our proposed summary disposition and the time for doing so has now run.
{2} For the reasons outlined in our notice of proposed disposition, and in the absence of opposition from either party, we conclude that Defendant has demonstrated error on appeal. Accordingly, we reverse and remand.
{3} IT IS SO ORDERED.
JACQUELINE R. MEDINA, Judge
WE CONCUR:
JENNIFER L. ATTREP, Judge
KRISTINA BOGARDUS, Judge